Legal Question in Family Law in Washington
Parenting Plan Modification
I , the mother, am the custodial parent of our daughter. Her father took a new job which keep him from being to take our daughter for their mid-week over night visit by 5:00 and keep her until 9:00 AM the next morning. He lives 45 minutes away already and could not take her until 7:00 pm and would need me to somehow be able to pick her up by 6:30 AM the next morning. Is ther anyways that since he is not able to take her at the designated time, and because this is close to impossible for me because of my schedule, that I have grounds to have the parenting plan modified to take this visit away? He's trying to protect the amount of overnight visits he has because apparently it makes it harder for me to make any changes.
2 Answers from Attorneys
Re: Parenting Plan Modification
Dear Madam:
Based on the facts you presented, more information may be necessary in order for an attorney to fully review the case at hand.
Although the change in schedule may create difficulties, the question may hinge on whether or not such a change is sufficiently substantial. Thus, the court may look to the issue of whether or not there is 'adequate cause' for modification and a 'substantial change' in circumstances. After such is determined, modification may or not be granted. It is very likely, nonetheless, that the court may seek to resolve this issue by addressing the 'best interests of the child'.
This case may call for the need of an attorney.
Thank you.
Respectfully.
Re: Parenting Plan Modification
How does it help your child to prevent her from having regularly scheduled time with her father? Is there a compromise that would maintain the amount of time that he has with her and work with his new job? Could the overnights switch to another night, like Thursdays? If you lived closer would that help? If he lived closer would that help?
You are divorced from him, but with any luck you will remain parents of this child for a long time. You need to establish what I call a co parenting relationship with him. There will come a time when your littl girl won't want to spend time with either of you, because she'll be busy with her friends and then maybe going away to college or otherwise leaving her home.
Making the other parent's life difficult does not make your child's life any easier. Compromising does. Having a parenting plan that spells out every last detail, encourages you to use alternative dispute resolution mechanisms to avoid court and keep the costs down, and finally resolves the details of how to find consensus on the daily parenting issues helps your child.
Trying to maneuver to shut him out doesn't help anything. Chances are good that a court would not support you, because he hasn't done anything wrong, he's just trying to earn a living and that isn't a basis to modify a plan and take away time from him.
Elizabeth Powell